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SIMMS v. NPCK ENTERPRISES, INC.

No. C039756.

134 Cal.Rptr.2d 557 (2003)

109 Cal.App.4th 233

Vicki SIMMS et al., Plaintiffs and Appellants, v. NPCK ENTERPRISES, INC. et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 28, 2003.

Attorney(s) appearing for the Case

Philip H. Weber, Placerville, for Plaintiffs and Appellants.

Gerald W. Filice, Sacramento, for Defendants and Respondents.

MORRISON, J.

Plaintiffs, Vicki Simms and Kenneth Simms, appeal from orders in which the trial court found they had waived the right to arbitrate their dispute over a commercial lease and that defendant NPCK Enterprises, Inc. (NPCK) was entitled to an injunction requiring plaintiffs to relinquish fixtures and equipment in which NPCK had a security interest.1 NPCK moves for sanctions for a frivolous appeal.

We reverse. Although plaintiffs...

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